Child Injury Lawyers
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Are There Any Laws That Specifically Cover Child Injuries?
Child injury lawsuits are fairly common. In most cases, child injury lawsuits are based on negligence. This means that the injury resulted from an accident, rather than an intentional act. An example of negligence is where the child is injured due to dangerous conditions on the premises (common for playgrounds)
In most cases, legal remedies in a child injury lawsuit consist of a monetary damages award. This will cover losses caused by the injury, such as medical expenses, hospital bills, etc. In some cases, the court may issue an injunction ordering the liable party to take certain action. Usually the injunction requires changes to the safety policies.
What Are Some Common Types of Child Injuries?
Other types of child injuries that commonly form the basis of a civil lawsuit may include:
- Child injuries at school or at daycare
- Injuries resulting from being on vacant property
- School bus and transportation-related injuries
- Injuries resulting from holiday accidents
- Injuries resulting from defective toys such as electronic skateboards, products, bicycles, etc.
- Injuries caused by poor medical treatment, such as poor pediatric surgery
- Youth sport injuries
There are many other different types of child injury claims. As mentioned, most of the claims involve some form of negligence on behalf of a caretaker or other person who is in charge of the child.
Who Is Liable for Child Injuries?
Not all persons can be held liable for a child's injuries resulting from negligence. Basically, the person has to owe the child a legal duty of care to be liable. These can include persons like:
- Parents, guardians, or custodians of the child
- Teachers, principals and other educational professionals
- Persons charged with temporary care of the child such as a day care worker, school bus driver, babysitters, etc.
- Social workers and other persons who may be dealing with the child
What happens if the child contributed to his or her own injuries? Situations where the victim caused their own injury is called “contributory negligence.” This is somewhat common in negligence lawsuits. If this is a factor in the lawsuit, the court will have to conduct a detailed analysis to determine whether the victim’s damages should be reduced or limited.
Unlike adults, determining a child’s negligence is different. Special standards are used to determine a child's liability. Children are only expected to behave in a way that is “reasonable” compared to other children. Common factors include:
- Experience under the same circumstances
So, for example, children at the age of 3 can’t be expected to understand and follow warning signs. The reason being most children at that age can’t read yet.
Should I Get a Lawyer If I Have a Child Injury Lawsuit?
Yes. Child injury claims can be complicated. The reason is each state has different injury laws. You may wish to contact a personal injury lawyer if you have any legal disputes involving a child. Your attorney can help represent you in court so that you can get the appropriate type of legal relief.
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Last Modified: 08-01-2016 10:30 PM PDT
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